The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

7.1.4 When a decision made on review comes into force


A decision to vary a claimant decision (1.1.C.110) or set aside a claimant decision and substitute a new decision comes into operation on the day that would give full effect to the review decision.

Example: A self-employed parent claims 90 flexible PPL days to be paid on continuous weekdays from 34 weeks after the child's birth.

Three weeks after payment has started to be received, it is determined that PLP is not payable because the claimant was not eligible on the relevant days.

Ten weeks after the determination is made that PLP is not payable, the claimant seeks review of the decision. Although an application for internal review normally should be made within 28 days of the day the decision is made, Centrelink is satisfied that a longer period can apply because of the particular circumstances of the claimant.

The review decision, which is made 14 days before the child's first birthday, sets aside the decision and substitutes a new decision that PLP is payable to the claimant.

The review decision means that PLP is payable from week 34 and that the claimant (at the time of the making of the review decision) should have received 8 instalments of PLP from the first nominated PLP day.

A lump sum payment that equals the amount for the 8 instalments should be made as soon as practicable; in this example this could be paid with the claimants ninth and final instalment of PLP.

The claimant will receive the full 90 days as claimed.

Note: A decision comes into operation immediately on the giving of the decision if it is a decision to vary an employer determination decision (1.1.E.70) or an employer funding amount decision (1.1.E.80) or set aside such a decision and substitute a new decision.

Act reference: PPLAct section 210 Internal review—when decision made on review comes into force

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